Mahon v. Leech

Citation11 N.D. 181,90 N.W. 807
PartiesMAHON v. LEECH et al.
Decision Date15 May 1902
CourtUnited States State Supreme Court of North Dakota

11 N.D. 181
90 N.W. 807

MAHON
v.
LEECH et al.

Supreme Court of North Dakota.

May 15, 1902.



Syllabus by the Court.

1. The mutual rights and obligations of the parties to a written contract for the purchase and sale of real estate may be waived and the contract annulled and extinguished by parol.

2. A court of equity will not extend the extraordinary relief afforded by specific performance to a purchaser of real estate who has been grossly negligent of his rights or has abandoned his contract, where the vendor, induced by his action, has entered into obligations inconsistent with the performance of the contract, or where the application for relief is plainly induced by an increase in value of the premises accruing subsequent to a voluntary abandonment of the contract.

3. Upon a retrial in this court of an action for the specific performance of three certain contracts for the purchase and sale of farm lands upon what is known as the “crop-payment plan,” in which the evidence establishes that the rights of the purchasers under said contracts were voluntarily and unconditionally relinquished and abandoned; that the possession of the premises was surrendered; that the vendor, in reliance upon such relinquishment and abandonment and surrender of possession, entered into possession, and thereafter transferred the title; that the same was thereafter occupied and cultivated by the vendor and his successors for a period of more than three years prior to the commencement of the action, all with the knowledge of, and without objection from, the other parties to the contracts; and that the controlling motive inducing the institution of the action was an increase in the value of the property accruing subsequent to its abandonment,-it is held that the trial court properly refused to decree a specific performance of the contracts.


Appeal from district court, Cass county; Charles A. Pollock, Judge.

Action by George Mahon, trustee, against W. F. Leech and others. Judgment for defendants. Plaintiff appeals. Affirmed.

[90 N.W. 807]

Morrill & Engerud, for appellant. Barnett & Reese and John E. Greene, for respondents.


YOUNG, J.

The plaintiff, in his capacity of trustee, and for the benefit of certain creditors of one G. A. Grover, an insolvent, seeks the specific performance of three certain contracts for the conveyance of real estate, which contracts constituted a part of the assets of the trust estate of said insolvent. The trial court found that all of the rights of Grover and all other persons in the contracts in question were wholly released and surrendered by a former trustee. Judgment was accordingly entered dismissing the action. Plaintiff has appealed from the judgment, and in a settled statement of case, containing all the evidence offered in the trial court, demands a review of the entire case in this court, under section 5630, Rev. Codes.

The facts which are material to a determination of this case may be stated as follows: On April 20, 1891, Addison Leech, Sr., now deceased, was the owner of four quarter sections of land situated in Cass county. On said date he entered into a written contract with one Peter Anderson for the sale of one of said quarter sections upon what is known as the “crop-payment plan.” On June 15, 1891, he made a similar contract with Gilbert and Christian Clemenson for the sale of two quarter sections. And on March 21, 1892, he sold the remaining quarter section to Claus M. Olson. The aggregate purchase price of the four quarter sections was $16,489. The three contracts are identical, except as to dates, names of parties, description of property, and amount of purchase price. In each contract the purchaser agreed that he would pay all taxes assessed against the premises before they became delinquent, that during the life of the contract he would properly seed as much of the land as could profitably be sown, and that he would sow a specified number of acres of wheat each year. The purchase price, with annual interest thereon at the rate of 7 per cent., was to be paid by delivering one-half of the crop free of expense to the vendor within a reasonable time after threshing, which was to be completed by October 15th in each year. In consideration of the full and prompt performance of the covenants so made by the purchasers, the vendor agreed, upon a full and complete performance, to execute and deliver warranty deeds to the premises so agreed to be conveyed. The purchasers above named entered into possession under said contracts, and it is admitted that during the period of their occupancy, which extended to the fall of 1893, and included the delivery of the crop for that year, they fully complied with their covenants and agreements in said contracts contained. In the fall of 1893 all of said purchasers, by instruments in writing, assigned their interests in said contracts to one G. A. Grover, a merchant then doing business in Horace, in said county, which assignments were assented to by Addison Leech, Sr., by written indorsements upon the contracts. At the date of such assignments the total sum remaining unpaid on the three contracts was $12,388.55. There was also due at that time to Addison Leech, Sr., from the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT